Cowles: Supreme Court 'undid a hundred years of precedent and electoral reform' on campaign finance

The Boulder City Council will decide whether to put a referendum on the November ballot that calls for amending the U.S. Constitution to abolish "corporate personhood" after all.

Despite being turned down for discussion during the council's May 17 meeting, Councilman Macon Cowles plans to ask the group to put the measure on the ballot during the leaders' meeting on July 19 -- when the council is planning to give initial approval to several potential ballot measures.

"Corporate personhood" refers to last year's U.S. Supreme Court decision in the case of Citizens United vs. Federal Election Commission, in which the justices ruled that corporations can spend unlimited amounts of money on political campaigns because the spending is a form of protected free speech.

Cowles, an attorney, wants Boulder's referendum to clarify that money is not constitutionally protected free speech and that corporations should not have all the rights that people do.

"The Supreme Court's decision in the Citizens United case undid a hundred years of precedent and electoral reform by unleashing corporate treasuries to spend as much as they want to influence the outcome of elections," Cowles wrote in an e-mail to the Camera on Tuesday. "... I believe that Boulder voters should speak to this issue."

Cowles' request is the result of a grassroots effort among Boulder members of Move to Amend -- a national organization dedicated to amending the U.S. Constitution to undo corporate personhood.

"What we're looking for is a deep transformation in our society that says that money will no longer dictate what happens in politics," said Judy Lubow, co-chair of the Boulder County Democratic Party's Grassroots Action Team and a member of Move to Amend.

But amending the U.S. Constitution is no easy task.

Historically, the Constitution has been amended after both houses of Congress approve an amendment by two-thirds majority votes. The measures must then be ratified by three-fourths of the state legislatures.

David Cobb, a spokesman for the national Move to Amend organization, said he expects the full process to take between 10 and 15 years. But moving now to get local governments and voters to support referendums is a key part of beginning that process, he said.

"This is a broad and deep opinion that people have," Cobb said. "Corporations have too much power in our society."

Councilman Matt Appelbaum said he supports the referendum in theory, but questioned whether this year is the right time given that voters will likely be asked to make major decisions this fall about Boulder's energy supply. He also questioned whether anyone would take notice if Boulder did approve such a referendum.

"Everybody knows Boulderites will vote 70 to 80 percent (in favor of the referendum), so is it really useful?" he said. "I really don't know yet which way I'm going to go."

Councilwoman Crystal Gray said she absolutely would support putting the measure on the ballot this fall.

"Boulder voters supported campaign finance -- that limits donations to council campaigns -- over a decade ago, so I am sure they will be interested in this issue," Gray wrote in an e-mail to the Camera.

But Councilman George Karakehian said he would not support putting the referendum on the ballot.

"I've always thought we should be dealing with Boulder issues," he said. "The Supreme Court made its decision. I'm not about to waste my time questioning it or debating it."

Dan Gould, chair of the Boulder County Democratic Party, said the issue of corporate personhood is just as pressing at the local level as it is nationally.

"This is as important as municipalization, this is as important as school bonds," he said. "This is immediate."

Cowles, the councilman sponsoring the measure, said he thinks Boulder voters can handle a slightly more crowded ballot this fall.

"Boulder voters are smart, and capable of approaching several ballot issues at once with clear heads," he said. "We don't have time to waste in inaction, either on climate change or on improving the balance of influence between corporations and people."

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